Kerala High Court
Mirshad. M.P vs Balussery Mahallu Muslim ... on 4 September, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
MONDAY, THE 4TH DAY OF SEPTEMBER 2023 / 13TH BHADRA, 1945
OP (WAKF) NO. 25 OF 2023
AGAINST THE ORDER IN WOS 29/2023 OF WAKF TRIBUNAL, KOZHIKODE
PETITIONER/S:
1 MIRSHAD. M.P, AGED 43 YEARS S/O. ABOOBACKER, MEETHALE
PATH HOUSE, VATTOLI BAZAR P.O, PANANGAD AMSOM DESOM,
THAMARASSERY TALUK, KOZHIKODE DISTRICT, PIN - 673612
2 SAIFUDHEEN.T, AGED 53 YEARSS/O. AHAMMAD, THEKKAYIL
HOUSE, VATTOLI BAZAR P.O., PANANGAD AMSOM DESOM,
THAMARASSERYTALUK, KOZHIKODE DISTRICT, PIN - 673612
3 HASSAN.CAGED 67 YEARS S/O. IBRAHIM, MADAVANAKANDI
HOUSE, VATTOLI BAZAR P.O., PANANGAD AMSOM DESOM,
THAMARASSERY TALUK, KOZHIKODE DISTRICT, PIN - 673612
4 FATHAH MUHAMMED.M.PAGED 29 YEARS S/O. ABDUL SAMAD,
JAMEELA MANSIL, BALUSSERY P.O., BALUSSERY AMSOM DESOM,
KOYLANDI TALUK, KOZHIKODE DISTRICT, PIN - 673612
5 MUHAMMED HABEEB T.KAGED 59 YEARS S/O.IBRAHIM KUTTY,
THUVVATUKANDI HOUSE, VATTOLI BAZAR P.O., PANANGAD AMSOM
DESOM, THAMARASSERY TALUK, KOZHIKODE DISTRICT, PIN -
673612
6 MUHAMMED BASHEER.V.TAGED 60 YEARS S/O.ALI, VAARYATH
THEKKAYIL HOUSE, NANMANDA P.O, NANMANDA AMSOM DESOM,
KOZHIKODE DISTRICT, PIN - 673613
7 MUHAMMED.CAGED 60 YEARS S/O IBRAHIM, THIYAKANDI HOUSE,
VATTOLI BAZAR P.O., PANANGAD AMSOM DESOM, THAMARASSERY
TALUK, KOZHIKODE DISTRICT, PIN - 673612
8 MUHAMMED. V.K.AGED 66 YEARS S/O. ABDULLAH, VADOORKANDI
HOUSE, BALUSSERY P.O., BALUSSERY AMSOM DESOM, KOYILANDI
TALUK, KOZHIKODE DISTRICT, PIN - 673612
9 FASALU RAHMAN P.KAGED 44 YEARS S/O. ABOOBACKER,
PUTHIYEDATHKANDI HOUSE, VATTOII BAZAR P.O. PANANGAD
AMSOM DESOM, THAMARASSERY TALUK, KOZHIKODE DISTRICT,
PIN - 673612
OP (WAKF) NO. 25 OF 2023
2
10 NOUFAL. P.AGED 43 YEARS S/O HASSAN, THIYYAKKANDI
HOUSE, VATTOLI BAZAR P.O., PANANGAD AMSOM DESOM,
THAMARASSERY TALUK, KOZHIKODE DISTRICT, PIN -
673612
11 MUHASIN. P.VAGED 53 YEARS S/O. ABDULLAH,
PUTHANVEETIL HOUSE, BALUSSERY P.O., BALUSSERY
AMSOM DESOM, KOYILANDI TALUK, KOZHIKODE DISTRICT,
PIN - 673612
12 ABDU SALAM. A.KAGED 69 YEARS S/O. IMBICHI MAMMAD,
SALAMATH MANSIL, BALUSSERY PO, BALUSSERY AMSOM
DESOM, KOYILANDI TALUK, KOZHIKODE DISTRICT, PIN -
673612
13 ANWAR SADIQ. K.PAGED 53 YEARS S/O. ABDUL KADAR,
"PRASANTHI", ALANGOT, VATTOLI BAZAR P.O.,
PANANGAD AMSOM DESOM, THAMARASSERY TALUK,
KOZHIKODE DISTRICT, PIN - 673612
14 KOYASSAN.KAGED 53 YEARS S/O. PAREEKUTTY, SUBAIDA
MANZIL, BALUSSERY P.O., BALUSSERY AMSOM DESOM,
KOYILANDY TALUK, KOZHIKODE DISTRICT, PIN - 673612
BY ADVS.
M.PROMODH KUMAR
MAYA CHANDRAN
ANJITHA ELIZABETH KURIAN
RESPONDENT/S:
1 BALUSSERY MAHALLU MUSLIM JAMA-ATH REPRESENTED BY ITS
ALLEGED SECRETARY, ABDUL JALEEL M.K, AGED 52 YEARS,
S/O AHAMMAD KUTTY, POOLAKKADATH HOUSE, VATTOLI BAZAR
P.O., PANANGAD AMSOM DESOM, THAMARASSERY TALUK,
KOZHIKODE DISTRICT, PIN - 673612
2 ABDUL JALEEL M.KAGED 52 YEARS, S/O AHAMMAD KUTTY,
ALLEGED SECRETARY, BALUSSERY MAHALLU MUSLIM JAMA- ATH,
POOLAKKADATH HOUSE, VATTOLI BAZAR P.O; PANANGAD AMSOM
DESOM, THAMARASSERY TALUK, KOZHIKODE DISTRICT, PIN -
673612
OP (WAKF) NO. 25 OF 2023
3
3 RIYAS. T.K.AGED 37 YEARS S/O. POKKAR, CHOYATH HOUSE,
VATTOLI BAZAR P.O, PANANGAD AMSOM DESOM, THAMARASSERY
TALUK,KOZHIKODE DISTRICT, PIN - 673612
4 JABBIR. V.PAGED 47 YEARS S/O. ABDU RAHMAN KUTTY,
NADUKKANDI HOUSE, VATTOLI BAZAR P.O, SIVAPURAM AMSOM
DESOM, THAMARASSERY TALUK, KOZHIKODE DISTRICT, PIN -
673612
5 MAJEED. K.NAGED 63 YEARSS/O, ABDU RAHMAN KUTTY,
THOTTATHUM KANDI HOUSE, BALUSSERY P,O,' BALUSSERY AMSOM
DESOM, KOYIIANDI TALUK, KOZHIKODE DISTRICT, PIN -
673612
6 FAISAL K.KAGED 42 YEARSS/O ASSAN KUTTY, KOYILOTHUKANDI
HOUSE, VATTOLI BAZAR P.O, PANANGAD AMSOM DESOM,
THAMARASSERY TALUK, KOZHIKODE DISTRICT, PIN - 673612
7 RAFEEK. V.K,AGED 50 YEARSS/O MOITHI HAJI, VADOORKANDI
HOUSE, BALUSSERY P.O., BALUSSERY AMSOM DESOM, KOYILANDI
TALUK, KOZHIKODE DISTRICT, PIN - 673612
8 NAISAR.P.K, AGED 50 YEARSS/O. ABDULLA, PUTHIYEDATH
KANDI HOUSE, VATTOLL BAZAR P.O PANANGAD AMSOM DESOM,
THAMARASSERY TALUK, KOZHIKODE DISTRICT, PIN - 673612
9 NAJEEB V.PAGED 55 YEARSS/O, ABOOBACKER, VADAKKE
PUTHUKKUDI HOUSE, VATTOLI BAZAR P.O, PANANGAD AMSOM
DESOM, THAMARASSERY TALUK, KOZHIKODE DISTRICT, PIN -
673612
10 IMBICHI MUHAMMEDAGED 68 YEARSS/O. KUNJJAMMOTTI, BISMI,
THURUTHYAD P.O. THURUTHYAD AMSOM DESOM, THAMARASSERY
TALUK, KOZHIKODE DISTRICT, PIN - 673612
11 AMARUL FAROOQAGED 58 YEARSS/O MAMMU, PUTHOOR,THURUTHYAD
P.O., THURUTHYAD AMSOM DESOM, KOYILANDI TALUK,
KOZHIKODE DISTRICT, PIN - 673612
12 NAASAR. V, AGED 56 YEARSS/O ATHRUMAN KUTTY, ABHAYAM,
VATTOLI BAZAR P.O, PANANGAD AMSOM DESOM THAMARASSERY
TALUK, KOZHIKODE DISTRICT, PIN - 673612
OP (WAKF) NO. 25 OF 2023
4
13 SHAREEF. PAGED 55 YEARSS/O AHAMMAD KUTTY, PULIYANGAL
HOUSE, NANMANDA P,O, NANMANDA AMSOM DESOM, KOZHIKODE
TALUK, KOZHIKODE DISTRICT, PIN - 673613
14 ABDUL KADAR.G,KAGED 76 YEARSS/O. ATHRUMAN HAJI,
MEETHALAPATH HOUSE, VATTOLL BAZAR PO, PANANGAD AMSOM
DESOM, THAMARASSERY TALUK,,KOZHIKODE DISTRICT, PIN -
673612
15 ABDULLA V.K,AGED 63 YEARSS/O, ABDU RAHMAN KUTTY
KAITHOLIVAYALIL HOUSE, BALUSSERY PO., BALUSSERY AMSOM
DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT, PIN -
673612
16 IBRAHIM. K.K,AGED 78 YEARSS/O MOIDEEN KUNJI, KUNIYAN
KANDI HOUSE, BALUSSERY P.O., BALUSSERY AMSOM DESOM,
KOYILANDI TALUK, KOZHIKODE DISTRICT., PIN - 673612
17 MUHAMMED HASHIM.A,ADVOCATE
COMMISSIONER,BALUSSERRY,MAHALLU MUSLIM JAMA-ATH,
MANKUZHI ROAD, MNRA II, EDAPPALLY TOLL, ERNAKULAM, PIN
- 682024
18 MUHAMMED HAROON A.NADVOCATE COMMISSIONER, BALUSERRY
MAHALLU MUSLIM JAMA-ATH, OFFICE AT M/S T.P. SAJID &
ASSOCIATES, ADVOCATE AND NOTARY, NEAR HIBI EDEN MP
OFFICE, NAIR SAMAJAM LANE, SRM ROAD, KOCHIN, PIN -
682018
19 KERALA STATE WAQF BOARD, REPRESENTED BY CHIEF EXECUTIVE
OFFICER VIP ROAD, KALOOR, KOCHIN, PIN - 682017
BY ADVS.
P.A.ABDUL JABBAR
Jamsheed Hafiz
MUHAMMED SHAFFI(K/1201/2012)
EHLAS HALEEMA C.K.(K/001446/2021)
THIS OP (WAKF) HAVING COME UP FOR ADMISSION ON
04.09.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP (WAKF) NO. 25 OF 2023
5
JUDGMENT
Amit Rawal, J.
The present petition has been filed against the order dated
17.6.2023 rejecting the interim prayer sought vide I.A
No.341/2023 in W.O.S No.29/2023 challenging the election of
the party respondents.
2. The facts leading to the filing of the aforementioned
suit, in brief, are that the election to the governing body for
administration of the waqf was held on 4 th of March 2023.
Petitioners who are alleging to be the members of the Balussery
Mahallu Muslim Jama-ath, 1st respondent. The respondents 2 to
16 are claiming to be the elected members of the Governing
body of the 1st respondent. Election of the aforementioned
respondents has been challenged in the aforementioned petition
on various grounds. Along with these grounds, an I.A
No.341/2023 aforementioned has been filed seeking a restraint
order against the governing body ie., respondent Nos. 2 to 16
from taking any policy decisions.
3. Learned counsel appearing on behalf of the
petitioners submitted that the election petition would take a
long time and any policy decision taken may not be in the
interest of the 1st respondent and would seriously prejudice the
OP (WAKF) NO. 25 OF 2023
rights of the parties in pending election petition. Election
petition was filed immediately after the election. The Tribunal
rejected the application on the ground that for the purpose of
deciding the controversy with regard to the election and policy
decision, detailed evidence was required to be lead.
4. Learned counsel appearing on behalf of the party
respondent submitted that the relief as sought for could not
have been granted as it tantamounts to allowing the petition and
rightly so, the Tribunal rejected the same. Similar is the
argument of the counsel representing the respondent No.19,
Waqf Board.
5. We have heard the learned counsel for the parties
and appraised the paperbook. The election petition pursuant to
the election of the governing body held on 4.3.2023 on various
allegations is pending adjudication. It is settled law that interim
relief, if tantamounts to allowing the appeal, cannot be granted,
this is precisely what the petitioner has sought for. Court has
been informed that party respondents have already put in
appearance but written statement has so far been not filed but
shall be filed subject to the directions of this court. In this view
of the matter, in the interest of justice by upholding the order
we dispose of the writ petition by issuing following directions:
OP (WAKF) NO. 25 OF 2023
1. Party respondents shall file written statement within
a period of two weeks from the date of receipt of a certified copy
of the judgment.
2. Thereafter, the petitioners shall file rejoinder, if any,
within the period of another two weeks.
3. On receipt of the rejoinder, Tribunal shall frame the
issue.
4. After framing the issues, the parties will be given 4-4
effective opportunities within the duration of three months each
to lead evidence and shall decide the matter within a period of
eight months from the date of receipt of a certified copy of this
judgment.
Sd/-
AMIT RAWAL
JUDGE
Sd/-
sab C.S. SUDHA
JUDGE
OP (WAKF) NO. 25 OF 2023
APPENDIX OF OP (WAKF) 25/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE BYELAW OF THE BALUSSERY
MAHALLU MUSLIM JAMA-ATH (THE 1ST
RESPONDENT) DATED NIL
Exhibit P2 TRUE COPY OF THE JUDGMENT IN W.P.(C)
NO.11923/2022 DATED 26-09-2022 OF THIS
HON'BLE COURT
Exhibit P3 TRUE COPY OF THE ORDER OF THE WAQF
TRIBUNAL IN I.A.NO.125/2023 IN
O.S.NO.12/2023, DATED 28-02-2023.
Exhibit P4 TRUE COPY OF THE PETITIONERS' PLAINT IN
O.S.NO.29/2023 BEFORE THE WAQF TRIBUNAL,
DATED 27-03-2023.
Exhibit P5 TRUE COPY OF THE PETITIONERS' AFFIDAVIT
IN I.A.NO.341/2023, DATED 13-04-2023.
Exhibit P6 TRUE COPY OF THE COUNTER STATEMENT OF
THE RESPONDENTS 1 TO 13, 15 & 16 IN IA
NO.341/2023, DATED 19-04-2023
Exhibit P7 TRUE COPY OF THE ORDER IN
I.A.NO.341/2023, DATED, DATED 17-06-2023
OF THE WAQF TRIBUNAL.
